Fair Work Ombudsman
Citation: FWO-2023-08-31-il-roy-litigation-media-release
At a glance
- Respondent
- Il Roy Pty Ltd
- Penalty
- $99,132
- Employees affected
- 5
What happened
The Fair Work Ombudsman has taken legal action against Il Roy Pty Ltd, which operated 'Cha Cha Char' and 'Il Centro' restaurants in Brisbane, and its sole director, the Respondent. Five workers, including an office manager, bar manager, restaurant manager, and two head chefs, raised concerns about unpaid entitlements between January 2015 and December 2020. A Fair Work Inspector issued a Compliance Notice in March 2022 regarding unpaid annual leave. It is also alleged that four workers were not paid payment-in-lieu-of-notice and redundancy entitlements. The total alleged underpayment is $99,132.
What was decided
The Federal Circuit and Family Court declared Il Roy Pty Ltd and the Respondent failed to comply with the Compliance Notice and ordered back-payment of wages. The Fair Work Ombudsman is seeking penalties against Il Roy Pty Ltd and the Respondent for failing to comply with the Compliance Notice. Il Roy faces a potential penalty of up to $33,300, and the Respondent faces a potential penalty of up to $6,660. The court also seeks an order for Il Roy to rectify the alleged underpayments, plus interest. A directions hearing is scheduled for November 2023.
What it means for employers
Employers must comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant penalties and orders to back-pay entitlements, plus interest. Directors can be held personally liable for breaches.
What it means for employees
Employees who believe they have been underpaid or denied entitlements should contact the Fair Work Ombudsman for free advice and assistance. Interpreter services are available.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections